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WUERTZ v. GARVEY

Nos. 42188, 42189 and 42263.

178 N.W.2d 630 (1970)

James WUERTZ and Erven Zabel, Respondents, v. Michael GARVEY and Francis Garvey, Respondents, Deere and Company, Appellant, John Deere Company of Minneapolis, Lux Hardware and Furniture Company (formerly Lux Hardware & Implement Company), Defendants.

Supreme Court of Minnesota.

June 19, 1970.

Attorney(s) appearing for the Case

Comaford, Fassett, Clarkson & Lewis, Minneapolis, for appellant.

Clayton E. Narveson, St. Paul, for James Wuertz.

Gordon Rosenmeier, and John E. Simonett, Little Falls, King & Flora, Long Prairie, for Ervin Zabel.

Quinlivan, Williams, Johnson & Quinlivan, St. Cloud, for Francis Garvey.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

PETERSON, Justice.

Deere and Company, a Delaware corporation with its principal place of business at Moline, Illinois, is the nonresident defendant in two product liability actions commenced by resident plaintiffs in district courts of Minnesota. Service of process in each case was duly effected by service upon the secretary of state pursuant to Minn.St. 303.13, which provides in part:

"Subdivision 1. A foreign corporation shall be subject...

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